12 S.D. 423 | S.D. | 1900
This case was decided at a former term of this court, and is reported in 10 S. D. 103, 72 N. W. 97. On application of the plaintiff in error, a rehearing was granted. Upon a re-examination of the case, we are of the opinion that the court in its former decision was in error in holding that the reception of the verdict by Judge Gaffy was only an irregularity. We are now satisfied that, when Judge Gaffy made the order calling in Judge Campbell to try the case, he c.eased to have any further jurisdiction over the cause, and in receiving the verdict of the jury he acted entirely without jurisdic